General conditions of Use
1. Introduction
The POLLOP company ( the « Company ») proposes on the site http://www.wihiki.com ( the « Site » ) of the information, the products and diverse services the general conditions of use of which are fixed by the present text.
By reaching the Site, the user, that is you, recognizes to accept without reserve terms of service. These conditions can be modified at any time by the Company and only the most recent version will have strength of law during the use of the Site, the products and the services.
The use by the minors of products and services is made under the only responsibility of their relatives(parents) or legal representatives.
In case of disregard of the one or other one of the conditions, the authorization of use is revoked and the user will have to destroy(annul) any information in his ownership and stop at once the use of products and proposed services.
2. Copyrights and Intellectual property
The information, the products and services presented on the Site, as well as the present text, are all protected by the laws on the copyright or on the intellectual property and belong to their respective authors: the Company, his partners and the authors or their legal successors who were able to give their agreement for a display onto the Site. Except express mention, no tacit right is granted as for a some transfer, a modification or a reproduction, under any format, products and services of the Company. As regards the information, an authorization of reproduction is granted if on one hand, this reproduction does not carry authors' infrigement of rights of the Company, his partners and the authors or their legal successors who were able to give their agreement for a presentation onto the Site, and if on the other hand, this use or reproduction has not for objective to compromise the Company or one of his employees, one of his partners and the authors or their legal successors who were able to give their agreement for a display onto the Site.
3. Use of the particulars
The consultation of a part of the Site can be made without the obligation become identified. In this hypothesis, the Company makes a commitment not to try to get back, to use or to give up name specific information as for the not identified visitors.
As regards the information collected during an access to the parts of the Site requiring an identification or when the user decides on himself to supply information via present forms on the Site or the e-mails sent by him, any treatment and use of these data is the object of a preliminary statement with the CNIL in application of the IT law and the liberties of January 6th, 1978, modified August 6th 2004.
According to this law, every person proving its identity (name, first name, email) can obtain information, modification or destruction of the personal information concerning her.
This right can be applied in the section "contact" of the present Site. According to this law, a reasonable delay can pass by between the demand of information, the modification and the destruction and its concrete realization. Also, the Company will refuse to execute any manifestly excessive demand or not containing the documentary evidences of identity.
4. Obligations for the user
The user can consult a part of the Site freely. Beyond, the access to products and the services proposed by the Company requires the creation of an account Wihiki.
The user makes a commitment not to use the Site, the products, the services and the account Wihiki provided him with in the objective to strike a blow at the interests of the Company or his partners.
4.1. Wihiki Account
An account Wihiki is a user account given via an email and a password to reach certain products and Wihiki services.
The user makes a commitment not to spread his identifiers, namely the email and the password. He also makes a commitment to use a personal e-mail box.
These elements guarantee the safety of the account.
4.2. Condition of validity of an account
An account Wihiki is valid only if it respects the General Conditions of Use of sites and products of the Company. He has to respect at least the following rules:
- a personal and valid e-mail address must be informed
- the connections in the account (schedules, country, internet access provider) have to correspond to a normal use of an account player
The determination of the normal use of an account player is left with the free appreciation of the Company.
4.3. Property and Responsibility
The account Wihiki is given to the user but stays the property of the Company. The players are holders only of an access right in the games and in the services of the Company, through a provided to them account.
The user makes a commitment not to give access to his account: loan, sharing, exchange, gift, purchase, and sale of account are thus forbidden.
The user will take all the measures to avoid that a third party can reach its account, even without him/her knowing.
The user is considered as person in charge of all the actions realized with his account.
4.4. Management of the account and the personal information
The management of the account and the preservation of its safety imply:
- that the account is attached to an alive physical person identified by an email, a password and an alias.
- that the Company can easily contact the holder of the account , whatever reason it is, via its e-mail address.
- that the e-mail address is personal and thus not available for consultation by a third.
According to the IT law and Liberties of January 6th, 1978, modified on August 6th, 2004, the user has a right of access, modification or destruction of the personal information concerning him, provided that he can prove his identity and thus that the account was well created and registered in its name.
This right can be applied on-line http://www.wihiki.com. The Company will refuse to execute any manifestly excessive demand or not containing the sufficient documentary evidences of identity.
Furthermore, the Company makes a commitment not to share the personal information of the user. This information remains confidential and are not shared / sold to the other companies.
4.5. Rules of creation
4.5.1. Alias
The alias of the player has to respect at least the following rules:
- do not make reference to a political orientation, to an ethnic group, to a community
- not be vulgar or offensive
- have no even pornographic sexual connotation
- do not contain the name and/or the first name of the user
- do not look like or imitate a registered trademark
- do not look like or imitate the names of characters of the background of the games Wihiki (characters not players, hero of the story,...)
- do not look like or imitate the name of a moderator or a member of the Company
The Company reserves the right to modify the aliases not respecting rules expressed to articles 2, 3 and 4. The Company can suspend if necessary temporarily or definitively the access to the account without compensation.
The alias identifies the user as a person.
The alias is visible on the game.
The account holder Wihiki is known by the other users by his alias.
4.6. Respect for the other users
Every user surprised offending the other users or holding racist or opposite comments the French laws, can see his suspended or deleted account. Also by virtue of the applicable texts, in particular the French laws (articles 23 and following ones of the law of 1881), the Company can be brought to inform proper authorities about it and/or to establish plaintiff during possible pursuits.
4.7. Respect for the employees
Besides the considerations of the previous paragraph, the Company can suspend or delete every account whose user would have publicly either not offended or slandered his employees. Also in application of R.621-1 and following ones and R.624-3 and following ones of the New Code of criminal procedure, the Company can prosecute the offender.
4.8. Opposite use
The user makes a commitment not to take advantage of a technical fault, for himself or for a third, in some way that it is. Also, he makes a commitment to warn at once the Company when he notices a fault or an error in the game, the Site, or quite other service. The Company saves to take any penalty against the offenders.
4.9. Illegal use
The user makes a commitment not to create, to use, to spread any undistributed program by the Company and being able to serve for modifying the characteristics of his account or that of the third, risking to strike a blow at the servers or establishing an infringement on the interests of the Company.
The user makes a commitment not to deal in elements stemming from creations of the Company and not to make the promotion of this kind of activities carrying infrigement of rights of the Company. Only the Companies and his partners duly authorized can market such elements.
Also, any use of an account against the French and European laws pulls the automatic deletion of the account without advance notice. Besides the possible penalties, the Company reserves the right to prosecute the offenders. The user makes besides a commitment to inform the Company if he has knowledge of such schemes.
5. Obligations for the Company
The Company makes a commitment:
- to implement everything to assure the smooth running of products and services proposed on the Site. This obligation does not take into account cases of absolute necessity or the discontinuance of business of the Company.
- to delete the personal information of a user, as far as this one follows the procedure of deletion of such information, foreseen in the general conditions of use.
6. Guarantees and exclusions
The Company commits to a best effort undertaking concerning the use of the Site, Products and Services. Nevertheless, the Site, the products and the services, as well as their descriptions, can contain inaccuracies, typographical, technical or other errors.
the Company can proceed without notice to interruptions, modifications and deletions on the Site, the information, the products and the services. These interruptions, modifications, deletions can give place to no compensation.
Except statutory opposite mentions or particular conditions were expressly foreseen between the Company and the user, this last one recognizes and accepts that:
- the Site, the information, the products and presented services are delivered "as is".
- the use of these is made under the whole responsibility of the user and at its risks. For the minor users, the responsibility falls to their legal representatives.
- the Company gets free of any responsibility in case of use not in compliance with the present conditions. It would be be considered as person in charge for damages, direct or indirect, caused by the not corresponding use of the Site, information, products and services.
- any communications between the Company and the user, that they are oral or written, cannot give place to a some guarantee not foreseen by the general conditions.
- has purposes of maintenance, the Company can suspend the casting of one of its products or services.
- the Company cannot be held person in charge of the errors or the omissions of the user.
- users of the game cannot require some compensation because of the impossibility to reach their account either one of the products or services of the Company.
- in case of force majeure, the Company can suspend the service but that no refund can be required. The cases of absolute necessity are, in a not exhaustive way, the discontinuance of business of the Company, the destruction or the loss of the servers of games or the premises of the Company.
- in case of period of prolonged inactivity of an account, this one can be deleted. This deletion will give place to no compensation.
- in case of cessation of the marketing of one of its products or services, the Company makes a commitment to warn his users. The product or the service will then be maintained in service for 10 days. No refund can be required by the user.
The Company insures no guarantee concerning the use of products and third services, in particular and without exclusive, the software of decompression, the third autonomous readers.
Also, concerning the links resulting from the internet or other pages leading towards the Site but not managed by the Company or the links contained on the Site leading towards the internet or other pages managed and published by third parties, the Company cannot be considered as person in charge of their contents in case third manager and publishing these contents would not respect the French, European or international regulations.